Victimisation
Victimisation

The following Employment practice note provides comprehensive and up to date legal information covering:

  • Victimisation
  • Mistreatment for asserting rights
  • Associative victimisation
  • Step 1: was there a protected act (or a belief that one had occurred or might occur)?
  • When an allegation will be a protected act
  • Step 2: has the victim been subjected to a detriment?
  • What amounts to a detriment
  • Step 3: was the victim subjected to a detriment because of the protected act?
  • Victimisation regarding discussions about pay
  • Defences and exceptions
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: Brexit and IP completion day—implications for employment lawyers.

Mistreatment for asserting rights

Individuals who speak up to assert their rights under the Equality Act 2010 (EqA 2010) run the potential risk that they will be treated badly in retaliation. Not protecting working individuals who assert those rights would potentially entirely undermine the protection they enjoy against discrimination.

For example:

  1. a woman suggests to her manager that he did not promote her because of her gender

  2. the manager responds by dismissing her

  3. he says that he did so not because of her gender, but rather because she had the impertinence to suggest that he had discriminated against her

His act is not direct discrimination. It is not indirect discrimination. It is, however, unlawful victimisation.

EqA 2010, s 27 states that a person victimises an individual if:

  1. he subjects that individual to a detriment

  2. he does so because:

    1. that individual performed a 'protected act', or

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